Commercial Law (Principles of Law) by Michael Furmston, Paul Dobson, Nigel Gravells, Phillip

By Michael Furmston, Paul Dobson, Nigel Gravells, Phillip Kenny, Richard Kidner, Michael P Furmston

First released in 2001. Routledge is an imprint of Taylor & Francis, an informa corporation.

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The distinction between specific and unascertained goods is of particular importance in the passing of property between seller and buyer. Unascertained goods may be of at least three different kinds. One possibility is that the goods are to be manufactured by the seller. Here, they will usually become ascertained as a result of the process of manufacture though, if the seller is making similar goods for two or more buyers, some further acts may be necessary to make it clear which goods have been appropriated to which buyer.

1 Introduction Section 27 of the Sale of Goods Act 1979 provides: It is the duty of the seller to deliver the goods and of the buyer to accept and pay for them in accordance with the terms of the contract of sale. Section 28 states: Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.

Later events will not make the goods specific but they may, and often will, make them ascertained. The distinction between specific and unascertained goods is of particular importance in the passing of property between seller and buyer. Unascertained goods may be of at least three different kinds. One possibility is that the goods are to be manufactured by the seller. Here, they will usually become ascertained as a result of the process of manufacture though, if the seller is making similar goods for two or more buyers, some further acts may be necessary to make it clear which goods have been appropriated to which buyer.

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